The Practical Dilemmas and Enhancing Paths of"Safe Harbor"Rule
The"safe harbor"rule is one of the important rules for determining liability for online infringements.It balanced rights protection and industrial development well in the early days of the rise of the Internet.However,with the rapid development of new technologies and new businesses,the"safe harbor"rule encounters a series of practical dilemmas in the new technological environment:the criteria for online content sharing platforms to enter the"safe harbor"are unclear;notification and handling of specific infringing content are difficult to curb repeated infringements;public law duty of review may override the application of"safe harbor"rule.To address these issues within the interpretation theory of the Civil Code,we should clarify platforms'duty of care in the new technology environment,broaden the interpretation of"necessary measures"to prevent repeated infringements,and define the relationship between private law duty of care and duty of review under public law.
"Safe Harbor"RuleLiability for Online InfringementsCivil CodeDuty of CareDuty of Review
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